Prohibiting fees for electronic copies of records under the open records act, exempting from disclosure for...
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SB 70 — Prohibiting fees for electronic copies of records under the open records act, exempting from disclosure formally closed investigations with no found violations, requiring county or district attorneys to file reports of violations with the attorney general in October instead of January, determining the membership calculation of subordinate groups under the open meetings act, requiring public bodies or agencies that live stream meetings to ensure that the public is able to observe and providing for a five minute deviation to resume an open meeting at the conclusion of executive sessions.
Last action — Stricken from Calendar by Rule 1507
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill has passed the Senate. Introduced January 23, 2025. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the House.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Passed Senate
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
705 added · 666 removedPlain-language change summary
The recent amendments to Senate Bill 70 clarify the rules about public records and transparency in government meetings. Notably, the bill now explicitly exempts certain closed investigation records with no violations from being disclosed and requires attorneys to file violation reports earlier in the year. Additionally, there is a new requirement for public bodies that live stream their meetings to ensure that everyone can properly observe the proceedings, which should enhance public access to government activities. These changes aim to strike a balance between transparency and protecting sensitive information while improving public engagement in local governance.
As Amended by House Committee {As Amended by Senate Committee of the Whole} As Amended by Senate Committee Session of 2025 SENATE BILLNo.BILL No.
providing for reasonable prohibiting fees for electronic copies of records;records limiting certain charges for furnishing records and employee time required to make records available;
exempting from disclosure records compiled in the process of formally closed investigations with no found violations;violations and records that contain material that is obscene from disclosure;
requiring county or district attorneys to file reports of violations with the attorney general in December October instead of January;
providing for a fivefive-minute minute deviation to resume an open meeting at the conclusion of executive sessions;
45-219, 75-7d01, 75-753, and 75-4318 and 75-4319 and K.S.A.
A public agency shall not be required to provide copies of radio or recording tapes or discs, video tapes or films, pictures, slides, graphics, illustrations or similar audio or visual items or devices, unless such items or devices were shown or played to a public meeting of the governing body thereof, but except that the public agency shall not be required to provide such items or devices which that are copyrighted by a person other than the public agency.
When practical,practical Whenever practicable, copies shall beSB made70—Am. in the place where the records are kept.
Ifby itHC is2 impracticalbe tomade doin so, the custodianplace shallwhere allowthe arrangementsrecords toare bekept. made for use of other facilities.
If it is impractical not practicable to do so, the custodian shall allow arrangements to be made for use of other facilities.
In addition, the public agency may charge the same fee for the services rendered in supervising the copying as SBfor 70—Am.furnishing copies under subsection (c) and may establish a reasonable schedule of times for making copies at other facilities.
(c) Except as provided by SCWsubsection 2(f) (h) or where fees for furnishinginspection or for copies underof subsectiona (c)public andrecord mayare establishprescribed aby reasonablestatute, scheduleeach ofpublic timesagency may prescribe reasonable fees for makingproviding access to or furnishing copies atof otherpublic facilities.records, subject to the following:
(c) Except(1) In asthe providedcase byof subsection (f) or where fees for inspection or for copies of arecords, publicthe recordfees areshall prescribednot byexceed statute,the eachactual publiccost agencyof mayfurnishing prescribecopies reasonablethe feesrequested forrecords, providingincluding accessthe tocost or furnishing copies of publicstaff records,time subjectrequired to make the following:information available.
(1) InActual thecosts casemay ofinclude feesthe forcost copiesto ofreview records,and redact the feesrequested records but shall not exceedinclude theincidental actualcosts costincurred ofby furnishing copies, including the costpublic ofagency staffthat timeare requirednot attributable to makefurnishing the informationrequested available.records.
(3) Fees(3) If the public agency incurs costs for staff time to provide access to or furnish copies of public recordsrecords, ofthe publicagency agenciesshall withinuse in good faith the legislativelowest-cost branchcategory of thestaff statereasonably governmentnecessary shallto beprovide establishedaccess into accordanceor withfurnish K.S.A.copies of public records.
46-1207a,Charges andfor amendmentsstaff thereto.time shall be based on the employee's salary or hourly wage.
(4) FeesCharges for accessstaff totime orshall copiesnot ofinclude public records of public agencies within the judicialcosts branch of theemployee statebenefits. government shall be established in accordance with rules of the supreme court.
(5) Fees(4) Fees for access to or copies of public records of a public agencyagencies within the executivelegislative branch of the state government shall be established byin theaccordance agencywith head.K.S.A.
Any46-1207a, personand requestingamendments recordsthereto, mayand appeal the reasonablenessprovisions of thethis feessection. charged for providing access to or furnishing copies of such records to the secretary of administration whose decision shall be final.
(6) A(4)(5) Fees fee for access to or copies of public records whichof ispublic equalagencies towithin orthe lessjudicial thanbranch $.25of perthe printedstate pagegovernment shall be deemedestablished ain reasonableaccordance fee.with rules of the supreme court and the provisions of this section.
(5)(6) Fees for access to or copies of public records of a public agency within the executive branch of the state government shall be established in accordance with the provisions of this section by the agency head.
(d) Any person requesting records within the executive branch may appeal the reasonableness of the fees charged for providing access to or furnishing copies of such records to the secretary of administration whose decision shall be final.
SB 70—Am.
by HC 3 (6) A fee for copies of public records which is equal to or less than $.25 per printed page shall be deemed a reasonable fee.
(d) Except(d)(e) as(1) When otherwisethe authorizedstaff pursuanttime needed to K.S.A.respond to a records request will exceed five hours or the estimated actual cost for staff time needed to fill the request exceeds $200, the public agency shall make reasonable efforts to contact the requester and engage in interactive communication about mitigating costs to fill the request.
The requester is not obligated to mitigate costs.
(2) If a public agency has made reasonable efforts to contact the requester pursuant to this section and the requester has failed to respond by the end of the third business day, the records request will be deemed to be withdrawn until a subsequent contact has been made by the requester to the public agency.
(3) As used in this subsection, "reasonable efforts to contact the requester" means contacting the requester through the means of communication that the requester provided to be used by the agency to respond to the request.
(f) Except as otherwise authorized pursuant to K.S.A.
(e) Each(e)(g) Each public agency of a political or taxing subdivision shall remit all moneys received by or for it from fees charged pursuant to this act to the treasurer of such political or taxing subdivision at least monthly.
Upon receipt of any such moneys, such treasurer shall deposit the entire amount SBthereof 70—Am.in the treasury of the political or taxing subdivision and credit the same to the general fund thereof, unless otherwise specifically provided by law.
by(f)(h) Any SCWperson 3who thereofis ina thecertified treasuryshorthand reporter may charge fees for transcripts of thesuch politicalperson's ornotes taxingof subdivisionjudicial andor creditadministrative theproceedings samein toaccordance thewith generalrates fundestablished thereof,pursuant unlessto otherwiserules specificallyof providedthe byKansas law.supreme court.
(f) Any(g)(i) Nothing personin whothe isopen arecords certifiedact shorthandshall reporterrequire maya chargepublic feesagency forto transcriptselectronically ofmake suchcopies person's notes of judicialpublic orrecords administrativeby proceedingsallowing ina accordanceperson with rates established pursuant to rulesobtain ofSB the70—Am. Kansas supreme court.
(g) Nothing in the open records act shall require a public agency to electronically make copies of public records by allowingHC a4 person to obtain copies of a public record by inserting, connecting or otherwise attaching an electronic device provided by such person to the computer or other electronic device of the public agency.
SB(8) Information 70—Am.that would reveal the identity of an individual who lawfully makes a donation to a public agency, if anonymity of the donor is a condition of the donation, except if the donation is intended for or restricted to providing remuneration or personal tangible benefit to a named public officer or employee.
by SCW 4 (8) Information that would reveal the identity of an individual who lawfully makes a donation to a public agency, if anonymity of the donor is a condition of the donation, except if the donation is intended for or restricted to providing remuneration or personal tangible benefit to a named public officer or employee.
(10) CriminalSB investigation70—Am. records, except as provided herein.
by HC 5 (10) Criminal investigation records, except as provided herein.
and (F) would not reveal the name, address, phone number or any other information that specifically and individually identifies the victim of any sexual offense described in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas StatutesStatutesAnnotated, Annotated, and amendments thereto.
(12) Records of emergency or security information or procedures of a public agency, if disclosure would jeopardize public safety, including records of cybersecurity plans, cybersecurity assessments and cybersecurity vulnerabilities or procedures related to cybersecurity plans, SBcybersecurity 70—Am.assessments and cybersecurity vulnerabilities, or plans, drawings, specifications or related information for any building or facility that is used for purposes requiring security measures in or around the building or facility or that is used for the generation or transmission of power, water, fuels or communications, if disclosure would jeopardize security of the public agency, building or facility.
Show all 94 changed lines (54 more)
by SCW 5 cybersecurity assessments and cybersecurity vulnerabilities, or plans, drawings, specifications or related information for any building or facility that is used for purposes requiring security measures in or around the building or facility or that is used for the generation or transmission of power, water, fuels or communications, if disclosure would jeopardize security of the public agency, building or facility.
(14) CorrespondenceSB between70—Am. a public agency and a private individual, other than correspondence that is intended to give notice of an action, policy or determination relating to any regulatory, supervisory or enforcement responsibility of the public agency or that is widely distributed to the public by a public agency and is not specifically in response to communications from such a private individual.
by HC 6 (14) Correspondence between a public agency and a private individual, other than correspondence that is intended to give notice of an action, policy or determination relating to any regulatory, supervisory or enforcement responsibility of the public agency or that is widely distributed to the public by a public agency and is not specifically in response to communications from such a private individual.
(21) Records of a public agency having legislative powers that pertain SBto 70—Am.proposed legislation or amendments to proposed legislation, except that this exemption shall not apply when such records are:
by SCW 6 to proposed legislation or amendments to proposed legislation, except that this exemption shall not apply when such records are:
(22) Records of a public agency having legislative powers that pertain to research prepared for one or more members of such agency, except that thisSB exemption70—Am. shall not apply when such records are:
by HC 7 this exemption shall not apply when such records are:
(B) the attorney general, law enforcement agencies, counsel for the inmate to whom the record pertains and any county or district attorney shall have access to correctional records to the extent otherwise permitted SBby 70—Am.law;
by SCW 7 by law;
and (D) records of the department of corrections regarding the financial assetsSB of70—Am. an offender in the custody of the secretary of corrections shall be subject to disclosure to the victim, or such victim's family, of the crime for which the inmate is in custody as set forth in an order of restitution by the sentencing court.
by HC 8 assets of an offender in the custody of the secretary of corrections shall be subject to disclosure to the victim, or such victim's family, of the crime for which the inmate is in custody as set forth in an order of restitution by the sentencing court.
(38) Risk-based capital reports, risk-based capital plans and corrective orders including the working papers and the results of any analysis filed with the commissioner of insurance in accordance with SBK.S.A. 70—Am.
by SCW 8 K.S.A.
(41) All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the commissioner by the national association of insurance commissioners' insurance regulatory informationSB system.70—Am.
by HC 9 information system.
to the licensed funeral director who has custody of the body of SBthe 70—Am.deceased dischargee;
by SCW 9 the deceased dischargee;
(47) Information that would reveal the location of a shelter or a safehouse or similar place where persons are provided protection from abuse or the name, address, location or other contact information of allegedSB victims70—Am. of stalking, domestic violence or sexual assault.
by HC 10 alleged victims of stalking, domestic violence or sexual assault.
Such person shall file with the custodian of such record a request to have such person's identifying information restricted from public access on such public SBwebsite. 70—Am.
by SCW 10 website.
(52) Records of a public agency that would disclose the name, home address, zip code, e-mail address, phone number or cell phone number or other contact information for any person licensed to carry concealed handguns or of any person who enrolled in or completed any weapons trainingSB in70—Am. order to be licensed or has made application for such license under the personal and family protection act, K.S.A.
by HC 11 training in order to be licensed or has made application for such license under the personal and family protection act, K.S.A.
(56) Records of a public agency that contain material that is obscene as defined in K.S.A.
21-6401, and amendments thereto.
Nothing contained herein shall be construed to prohibit the publication of statistics, so classified as to prevent identification of SBparticular 70—Am.reports or returns and the items thereof.
by SCW 11 particular reports or returns and the items thereof.
(d) If a public record contains material that is not subject to disclosure pursuant to this act, the public agency shall separate or delete such material and make available to the requester that material in the public recordSB that70—Am. is subject to disclosure pursuant to this act.
by HC 12 record that is subject to disclosure pursuant to this act.
To accomplish this purpose, upon request of the unit, the unit shall have access to all records of reports, investigation documents and written reports of findings related to confirmed cases of domestic violence or exploitation of persons or cases in which there is reasonable suspicion to believe domestic violence has occurred that are received or generated by SBthe 70—Am.Kansas department for children and families, the Kansas department for aging and disability services, the department of health and environment or the Kansas bureau of investigation.
by SCW 12 the Kansas department for children and families, the Kansas department for aging and disability services, the department of health and environment or the Kansas bureau of investigation.
The batterer intervention program tools, methodologies, requirements and forms shall beSB developed70—Am. in consultation with the agency certified by the centers for disease control and prevention and the department of health and human services as the domestic violence coalition for the state and with local domestic violence victims' services organizations.
by HC 13 be developed in consultation with the agency certified by the centers for disease control and prevention and the department of health and human services as the domestic violence coalition for the state and with local domestic violence victims' services organizations.
(a) Subject to the provisions of subsection (g), all meetings for the conduct of the affairs of, and the transaction of business by, all legislative and administrative bodies and agencies of the state and political and taxing subdivisions thereof, including boards, commissions, authorities, councils, committees, subcommittees and other subordinate groups thereof, receiving or expending and supported in whole or in part by public funds shall be open to the public and no binding action by such public bodies or SBagencies 70—Am.shall be by secret ballot.
by SCW 13 agencies shall be by secret ballot.
(1) IfSB notice70—Am. is requested by petition, the petition shall designate one person to receive notice on behalf of all persons named in the petition, and notice to such person shall constitute notice to all persons named in the petition;
by HC 14 (1) If notice is requested by petition, the petition shall designate one person to receive notice on behalf of all persons named in the petition, and notice to such person shall constitute notice to all persons named in the petition;
SB(2) to 70—Am.the prisoner review board when conducting parole hearings or parole violation hearings held at a correctional institution;
by SCW 14 (2) to the prisoner review board when conducting parole hearings or parole violation hearings held at a correctional institution;
(h) WhenSB a70—Am. public body or agency subject to the act subdivides itself into subordinate groups the total membership of the subordinate group shall be used to determine if a majority of membership participated in a meeting subcommittee or other subordinate group is created by a public body or agency, whenever a majority of such subcommittee or other subordinate group meets, such subcommittee or other subordinate group shall be subject to the requirements of this act.
by HC 15 (h) When a public body or agency subject to the act subdivides itself into subordinate groups the total membership of the subordinate group shall be used to determine if a majority of membership participated in a meeting subcommittee or other subordinate group is created by a public body or agency, whenever a majority of such subcommittee or other subordinate group meets, such subcommittee or other subordinate group shall be subject to the requirements of this act.
An unintentional technological failure or an action taken by the provider of the selected medium that disrupts or prevents such live stream shall not constitute a violation of this subsection.
SB(3) to 70—Am.discuss employer-employee negotiations whether or not in consultation with the representative or representatives of the public body or agency;
by(4) to SCW 15 (3) to discuss employer-employeedata negotiationsrelating whetherto orfinancial notaffairs in consultation with the representative or representativestrade secrets of theSB public70—Am. body or agency;
(4) toby discussHC data16 relating to financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships;
SB(14) to 70—Am.discuss matters relating to the office of inspector general permitted to be discussed in a closed or executive meeting pursuant to K.S.A.
by SCW 16 (14) to discuss matters relating to the office of inspector general permitted to be discussed in a closed or executive meeting pursuant to K.S.A.
and (15) for the governor's domestic violence fatality review board to conductSB case70—Am. reviews.
by HC 17 conduct case reviews.
7. K.S.A.7.
45-219,6. K.S.A. 75-7d01, 75-753, 75-4318 and 75-4319 and K.S.A.
45-219, 75-7d01, 75-753, and 75-4318 and 75-4319 and K.S.A.
8. This8. act shall take effect and be in force from and after its publication in the statute book.
7. This act shall take effect and be in force from and after its publication in the statute book.
Show all 94 changed rows (54 more)
View plain text versions (4)
- Amended As Amended by House Committee on Judiciary pdf
- Amended {As Amended by Senate Committee of the Whole} pdf
- Amended As Amended by Senate Committee on Judiciary Current pdf
- Introduced As Introduced pdf
Action History
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Stricken from Calendar by Rule 1507
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Committee Report recommending bill be passed as amended by House Committee on Judiciary
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Received and Introduced
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Referred to House Committee on Judiciary
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Final Action - Passed as amended; Yea 26, Nay 14
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Committee of the Whole - Committee Report be adopted
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Committee of the Whole - Motion to Amend - Offered by Sen. Kellie Warren
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Committee of the Whole - Amendment by Sen. Kellie Warren was adopted
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Committee of the Whole - Be passed as further amended
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Committee Report recommending bill be passed as amended by Senate Committee on Judiciary
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Referred to Senate Committee on Judiciary
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Introduced
Sponsors
- Committee on Judiciary · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 164 not signed on
Sponsors (1)
- Committee on Judiciary
Co-sponsors (0)
None.
Not signed on (164)
164 members have not signed on to this bill.
Show all 164 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
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- SB 70 is sponsored by Committee on Judiciary.
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- This bill has passed the Senate. Introduced January 23, 2025. It now moves to the second chamber.
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